Almost three years ago, the Full Federal Court of Australia handed down judgment in a very notable case¹. At the time, it was hoped that this judgment might provide patent applicants with certainty around the application of the law of Manner of Manufacture (i.e. patentable subject matter) as it relates to computer implemented inventions in …
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We’re proud to announce that POF attorneys Dr Annabella Newton and Dr David Hvasanov have been named among this year’s Rising Stars in the IP Stars awards. This is a fantastic achievement for both Annabella and David, and we’d like to congratulate them on their win. Each year IP Stars research analysts receive and analyse a …
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The recent Federal Court decision surrounding Trident Foods Pty Ltd sends a warning to trade mark owners to exercise actual control over licensees or risk a messy non-use battle. The decision involved two appeals, one against a refusal to remove one of Trident Foods’ (TF) mark TRIDENT from the Register for non-use. The Registrar’s Delegate …
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Parallel imports, also called grey imports, are genuine goods imported into Australia by someone other than the trade mark owner or an authorised licensee. Grey goods are generally sold at a discounted price, or may be of a different standard or quality from goods intended by the trade mark owner for the Australian market. In …
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As we near the end of 2018, now is a good time to reflect on the year that has been and look at our contributions that go beyond the scope of IP. We are proud to have played a role in numerous fundraising and volunteer efforts across 2018, and to have supported many great causes …
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Recent legislative changes have removed a reporting burden from patentees applying for pharmaceutical extensions of term. Section 76A of the Australian Patents Act (the Act) was introduced alongside the pharmaceutical extension of term scheme in order to collect data regarding each granted extension. It was intended to assist in evaluating whether pharmaceutical extensions of term …
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Under Section 18(1) of the Design Act 2003 (Cth), a design is only registerable if it is new and distinctive when compared to the prior art base for the design as it existed before the priority date. This section, when read in conjunction with Section 18(2), effectively means that if a designer has publicly released …
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Congratulations to POF’s very own Dr Annabella Newton who has been accepted into the Women in Leadership Development (WILD) Program! The WILD Program, sponsored by the CERA Centre for Eye Research Australia, the Department of Industry, Innovation and Science and Brandon Capital, is open to women in the science, technology, engineering and maths (STEM) sector. …
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The two key remedies sought by intellectual property owners in infringement cases are an injunction to stop the infringing conduct and compensation in the form of damages or an account of profits. Typically, the Court will determine the question of infringement separately and prior to considering what, if any, compensation should be awarded. In many instances …
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Red Energy Pty Limited v Registrar of Trade Marks [2018] FCA 1449 A recent decision of Justice Beach in the Federal Court may have breathed new life into appeals from Trade Marks Office decisions during prosecution. Background Energy retailer Red Energy filed Australian Trade Mark Application No. 1746950 for the mark EVENPAY for various goods …
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